A Position Paper on the Draft Anti-FGM Bill in Somalia
Submitted by Women’s Rights Organizations, Feminist Groups and Civil Society Organizations
Introduction
Female Genital Mutilation/Cutting (FGM/C) remains one of the most severe forms of violence against women and girls in Somalia, with a prevalence rate of over 99% among women aged 15 to 49[1]. Despite its devastating health consequences and violation of fundamental human rights, the practice persists under the guise of cultural tradition, social pressure, and false religious justification.
The Draft Anti-FGM Bill of 2019 represents an important milestone in the struggle to end FGM in Somalia. However, the bill as it currently stands contains dangerous ambiguities and loopholes that threaten to undermine decades of advocacy by women’s rights organizations. In particular, the failure to explicitly criminalize all forms of FGM, including so-called “Sunna,” and the inclusion of medical exceptions risk legitimizing harmful practices.
This position paper sets out the collective stance of Somali Women Rights Organizations (WROs), feminist groups and Civil Society Organizations (CSOs): Zero tolerance for FGM, No Sunna, No medicalization, No exceptions! The paper is based on the Draft Anti-FGM Bill that is currently publicly available and accessible to civil society organizations and the general public. While there have been reports of the existence of alternative or revised drafts under consideration, these have not been formally published or circulated for public review. In the absence of an officially released alternative text, this analysis reflects the only draft available for public scrutiny. Should additional drafts be made public, Women’s Rights Organizations and civil society stand ready to review and respond accordingly in the interest of accountability, transparency, and the protection of women and girls’ rights.
Why Zero Tolerance?
1. Sunna is Still FGM
Attempts to classify Sunna as a “milder” or “acceptable” form of FGM are deeply misleading[2]. Sunna still involves cutting or altering female genitalia, causes harm, and violates the rights and bodily autonomy of girls and women[3]. Moreover, there is no theological foundation for FGM in Islam. Religious leaders across the world, including prominent Islamic scholars, have repeatedly confirmed that FGM has no basis in the Qur’an or Hadith[4]. Any legal recognition of Sunna undermines Somalia’s constitutional principle that FGM is cruel, degrading, and tantamount to torture[5].
2. Medicalization Cannot Justify Harm
The draft bill’s Article 3(4), which allows exceptions for procedures deemed necessary for “mental or physical health,” opens the door for medicalized FGM[6] International human rights legal frameworks, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)[7], the United Nations Convention on the Rights of the Child (UNCRC)[8], and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, also commonly kwon as the Maputo Protocol[9], categorically reject medicalized FGM because no medical rationale justifies mutilation of healthy female genitalia. Medicalization only institutionalizes harm and legitimizes violations under a false banner of “health.”
3. Human Rights and Legal Obligations
Somalia has ratified or committed to ratify multiple international instruments, including the CRC and the CAT. These frameworks obligate Somalia to protect girls from harmful traditional practices. The Maputo Protocol and CEDAW require the elimination of all forms of FGM. Leaving Sunna or medicalized FGM legal would place Somalia in violation of its human rights obligations[10].
Key Demands from WROs and Feminist Groups
Explicit Ban on All Forms of FGM
The Anti-FGM Bill must unambiguously state that all forms of female genital mutilation — including Sunna, pricking, scraping, and symbolic practices are strictly prohibited. Any attempt to classify certain types as “milder” or “acceptable” undermines both human rights standards and the constitutional principle that FGM is cruel, degrading, and tantamount to torture. Allowing cultural, religious, or customary justifications risks legitimizing harmful practices and perpetuating discrimination against women and girls. A clear, zero-tolerance provision is therefore essential to close loopholes, eliminate ambiguity, and align Somalia’s legal framework with international obligations under CEDAW, CRC, and the Maputo Protocol
Removal of Medical Loopholes
Clouse 4 of Article 3, which provides exceptions for procedures deemed necessary for “mental or physical health,” must be deleted, as it creates a dangerous loophole that can be misused to justify medicalized FGM. International human rights instruments, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC), categorically prohibit all forms of FGM, regardless of setting or rationale. No medical justification exists for mutilating healthy female genitalia and retaining such exceptions risks legitimizing violations under the guise of healthcare. To ensure full protection for women and girls, the Bill must align with CEDAW and CRC by outlawing medicalized FGM without compromise.
Survivor-Centered Provisions
The Bill must go beyond criminalization and incorporate a survivor-centered approach by mandating access to psychosocial support, medical care, and legal aid for all survivors of FGM. Clear referral pathways should be established to ensure that survivors can access these services promptly and without discrimination, supported by adequate resource allocation from the government. Embedding survivor services within the law not only fulfills Somalia’s obligations under international human rights frameworks such as the CRC and CAT but also affirms the state’s duty to provide healing, justice, and dignity to those affected.
Accountability and Enforcement
To ensure effective enforcement, the Bill must strengthen whistleblower protections for teachers, health workers, and community members who report FGM cases, safeguarding them from retaliation and stigma. At the same time, the “failure to protect” provisions should clarify the burden of proof to prevent unjust criminalization of caregivers who may lack knowledge or control over the act. Additionally, a national oversight body inclusive of WROs, survivors, legal experts, and health professionals should be established to monitor implementation, collect data, and publish annual reports, thereby ensuring accountability and transparency in the fight against FGM.
Education and Social Transformation
The Bill should mandate nationwide awareness campaigns and the integration of anti-FGM education into school curricula to challenge harmful norms and empower younger generations with accurate knowledge about their rights and health. Public education must be reinforced by partnerships with religious leaders, who play a critical role in shaping community beliefs, to dismantle persistent myths that falsely portray FGM as a religious requirement.
Ratification of International Treaties
Somalia must urgently ratify without reservations and domesticate the Maputo Protocol, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and the African Charter on the Rights and Welfare of the Child (ACRWC) to reinforce legal accountability and ensure comprehensive protection for women and girls from FGM. These international and regional frameworks clearly require states to prohibit all forms of FGM, provide survivor support, and address the discriminatory norms that perpetuate the practice. Full ratification and domestication would not only align Somalia with its human rights obligations but also strengthen national legislation, empower civil society advocacy, and provide a robust foundation for ending FGM in all its forms
Conclusion
The Draft Anti-FGM Bill has the potential to become a landmark in protecting the rights and dignity of Somali women and girls but unless it adopts a zero-tolerance stance without exceptions for Sunna or medicalization the Bill risks establishing the very practices it seeks to end.
As WROs and feminist groups, and CSOs we reaffirm our collective position:
- No Sunna FGM: All forms are harmful and must be banned.
- No medical justification: Health professionals must not be complicit in violations.
- No compromise on human rights: The law must align with Somalia’s constitutional and international obligations.
We call upon the Somali Federal Parliament, policymakers, religious leaders, and development partners to stand with women and girls and adopt a clear, uncompromising law.
[1] Somalia | FGM/C Research Initiative
[2] PRESS STATEMENT: Somaliland Religious Affairs Fatwa on Female Genital Mutilation/ Cutting – NOT TO BE MISLED – SIHA
[3] Analysis of Somalia Anti FGM Bill
[4] https://data.unicef.org/resources/female-genital-mutilation-cutting-a-global-concern/
[5] https://www.refworld.org/docid/51b6d0c94.html
[6] Analysis of Somalia Anti FGM Bill
[7] Joint General Recommendation No. 31 of CEDAW.
[8] General Comment No. 18 of CRC on Harmful Practices (2014, revised 2019)
[9] Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol), Article 5 – Elimination of Harmful Practices Article 5(b) mandates that States Parties shall prohibit, through legislative measures backed by sanctions, “all forms of female genital mutilation, scarification, medicalization and para-medicalization of female genital mutilation and all other practices in order to eradicate them.
[10] Analysis of Somalia Anti FGM Bill
